The Government of Lesotho has promulgated the Workmen’s Compensation Regulations, 2026 under Legal Notice No. 6 of 2026, published in the Government Gazette on 30 January 2026 GG9.
These Regulations, issued pursuant to section 44 of the Workmen’s Compensation Act, 1977, introduce updated compensation thresholds applicable to workplace injuries, permanent incapacity, and fatal incidents arising in the course of employment.
The Regulations came into operation on 1 February 2026 and repeal the Workmen’s Compensation Regulations, 2025 GG9.
This article provides a structured overview of the key amendments and their implications for employers operating in Lesotho.
1. Commencement and Legal Authority
The Regulations were issued by the Minister responsible for Labour and Employment and took effect on 1 February 2026 GG9.
They are made under the authority of section 44 of the Workmen’s Compensation Act No. 13 of 1977, as amended.
Employers must ensure immediate compliance as these revised compensation caps now apply to all qualifying workplace injuries and fatalities occurring from the commencement date.
2. Compensation in Fatal Cases
Where a workman dies as a result of an injury arising in the course of duty and leaves dependants wholly dependent on his earnings, the maximum compensation payable shall not exceed M367,965.00 GG9.
In addition, the employer is liable for burial expenses up to a maximum of M25,551.00 GG9.
These figures represent the statutory ceiling and may significantly affect employer risk exposure and insurance calculations.
3. Permanent Total Incapacity
Where a workman suffers permanent total incapacity arising from an injury sustained in the course of employment, the maximum compensation payable shall not exceed M408,816.00 GG9.
Permanent total incapacity cases typically include severe injuries that render an employee unable to continue any gainful employment.
Employers should review workplace safety protocols and insurance coverage in light of these increased caps.
4. Permanent Partial Incapacity
In cases of permanent partial incapacity arising from a workplace injury, the maximum compensation payable is also capped at M408,816.00 GG9.
The degree of incapacity will be medically assessed and compensation calculated accordingly, subject to the statutory maximum.
5. Medical Expenses
The Regulations further clarify the limits applicable to medical and related expenses payable by the employer.
The maximum amounts payable are as follows:
Medical, surgical and hospital treatment, skilled nursing services and the supply of medicines shall not exceed M51,102.00 GG9.
Supply, maintenance, repair and removal of non articulated artificial limbs or other artificial appliances shall not exceed M25,551.00 GG9.
Reasonable transport charges incurred for transferring a workman to and from a place where necessary treatment is available shall not exceed M7,665.30 GG9.
Employers must ensure that internal HR and finance departments understand these caps when processing workplace injury claims.
6. Minimum Compensation Threshold
The Regulations introduce a minimum compensation amount.
The amount payable to a workman who sustains an injury arising from an accident entitling him to compensation shall not be less than M9,195.30 GG9.
This provision ensures a statutory floor below which compensation cannot fall, regardless of wage level.
7. Repeal of 2025 Regulations
The Workmen’s Compensation Regulations, 2025 have been expressly repealed GG9.
Employers must therefore ensure that all internal policies, compliance manuals, and insurance arrangements are updated to reflect the 2026 thresholds.
Practical Implications for Employers in Lesotho
The updated compensation caps increase potential financial exposure in workplace injury and fatality cases. Employers should urgently:
- Review employment contracts and internal injury reporting policies
- Confirm compliance with the Workmen’s Compensation Act
- Assess whether existing insurance cover adequately aligns with the new statutory limits
- Ensure HR and payroll teams are aware of the revised thresholds
- Strengthen occupational health and safety compliance measures
Failure to comply with statutory compensation obligations may result in financial liability and potential regulatory consequences.
How Mayet & Associates Can Assist
At Mayet & Associates, we advise employers across Lesotho and South Africa on labour law compliance, workplace injury liability, and regulatory risk management.
Our team can assist with:
- Workmen’s Compensation compliance audits
- Drafting and updating employment contracts
- Advising on workplace injury claims
- Representing employers in compensation disputes
- Regulatory compliance under Lesotho labour legislation
For assistance or tailored legal advice regarding the Workmen’s Compensation Regulations, 2026, contact our Labour and Employment Law team.